Section 1. As to the application of s. 161 to police diaries, see the Code of Criminal Procedure, 1973 (Act 2 of 1974), s. 172

1. As to the application of s. 161 to police diaries, see the Code of Criminal Procedure, 1973 (Act 2 of 1974), s. 172. inspected by the party calling for its production, he is bound to give it as evidence if the party producing it requires him to do so. CHAPTER I.--PRELIMINARY 1. Short title. --This Act may be called the Indian Evidence Act, 1872. Extent. --It extends to the whole of India[2] [[3] *] and applies to all judicial proceedings in or before any Court, including Courts-martial,[4] [other than Courts-martial convened under the Army Act (44 & 45 Vict., c. 58)][5] [the Naval Discipline Act [29 & 30 Vict., 109]; or[6] * the Indian Navy (Discipline) Act, 1934 (34 of 1934),][7] [or the Air Force Act (7 Geo. 5, c. 51)] but not to affidavits[8] presented to any Court or officer, nor to proceedings before an arbitrator; Commencement of Act. --And it shall come into force on the first day of September, 1872. 2. [ Repeal of enactments .].-- Rep. by the Repealing Act , 1938 (1 of 1938), s . 2 and Schedule . 1. The Act has been extended to Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and Schedule (w.e.f. 1-6-1964), extended to and brought into force in Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Schedule I (w.e.f. 1-7-1965) and to the whole of the Union territory of Lakshadweep by Reg. 8 of 1965 (w.e.f. 1-10-1967). The Act came into force in Pondicherry on 1-10-1963 vide Reg. 7 of 1963, s. 3 and Schedule I. The Act has been amended in West Bengal by West Bengal Act 20 of 1960 and in Tamil Nadu by Tamil Nadu Act 67 of 1979. 2. Subs. by Act 3 of 1951, s. 3 and the Schedule, for "except Part B States" (w.e.f. 1-4-1951). 3. The words "except the State of Jammu and Kashmir" omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-102019). 4. Ins. by Act 18 of 1919, s. 2 and the First Schedule (w.e.f. 17-9-1919) . 5. Ins. by Act 35 of 1934, s. 2 and the Schedule (w.e.f 8-9-1934). 6. The words "that Act as modified by" Omitted by the A.O. 1950. 7. Ins. by Act 10 of 1927, s. 2 and the First Schedule (w.e.f 4-4-1927). 1. See now the Code of Civil Procedure, 1908 (5 of 1908); as to the settlement of issues, see Schedule I, order XIV (w.e.f. 1-1-1909). 1. see s. 76, infra. (f) when the original is a document of which a certified copy is permitted by this Act, or by any other law in force in[1] [India] to be given in evidence[2] ; (g) when the originals consist of numerous accounts or other documents which cannot conveniently be examined in Court, and the fact to be proved is the general result of the whole collection. In cases (a), (c) and (d), any secondary evidence of the contents of the document is admissible. In case (b), the written admission is admissible. In case (e) or (f), a certified copy of the document, but no other kind of secondary evidence, is admissible. In case (g), evidence may be given as to the general result of the documents by any person who has examined them, and who is skilled in the examination of such documents. 3 [65A. Special provisions as to evidence relating to electronic record. --The contents of electronic records may be proved in accordance with the provisions of section 65B. 1. See now the Indian Succession Act, 1925 (39 of 1925), Pt. VI, Ch. VI. (b) A desires a Court to give judgment that he is entitled to certain land in the possession of B, by reason of facts which he asserts, and which B denies, to be true. A must prove the existence of those facts. 1. See , in the Act as published in Gazette of India, 1872, Pt. IV, p. 1 there is no illustration (b). The burden of proof is on A. (c) Section 325 of the Indian Penal Code (45 of 1860) provides that whoever, except in the case provided for by section 335, voluntarily causes grievous hurt, shall be subject to certain punishments. A is charged with voluntarily causing grievous hurt under section 325. The burden of proving the circumstances bringing the case under section 335 lies on A. 1. As to the Application of s. 145 to police-diaries, see the Code of Criminal Procedure, 1973 (2 of 1974), s. 172. 2. Subs. by Act 13 of 2013, s. 28, for the proviso (w.e.f. 3-2-2013). 3. Subs. by Act 22 of 2018, s. 9, for "section 376A, section 376B, section 376C, section 376D" (w.e.f. 21-4-2018). STATE AMENDMENT Arunachal Pradesh Amendment of section 146 .—In the proviso to section 146 of the principal act, for the words, figures and letters "section 376, section 376A, section 376B, section 376C, section 376D or section 376E of the Indian Penal Code" the words, figures and letters "section 376, section 376A, section 376AA, section 376B, section 376C, section 376D, section 376DA or section 376E of the Indian Penal Code" shall be substituted. [ Vide Arunachal Pradesh Act 3 of 2019, s. 25]